Terms of Service

1. Acceptance of Terms

Welcome to The PE Dept. These Terms of Service ("Terms") govern your access to and use of The PE Dept platform, website, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

2.1 Age Requirements

• Educators and Administrators: Must be 18 years or older
• School Accounts: Must be authorized by your educational institution
• Student Access: Only permitted when managed by authorized educators

2.2 Authority to Agree

By using the Service on behalf of a school or organization, you represent that:

• You have the authority to bind that entity to these Terms
• You are authorized to create accounts for staff and students
• You have obtained necessary consents and permissions

3. Account Registration and Responsibilities

3.1 Account Creation

To use certain features, you must create an account and provide:

• Accurate and complete information
• A valid email address
• A secure password
• Your school or organization affiliation (if applicable)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong, unique passwords and enabling two-factor authentication

3.3 Account Termination

We may suspend or terminate your account if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activity
• Your account remains inactive for 2 years
• We are required to do so by law

You may delete your account at any time through Settings or by contacting [email protected].

4. Subscription and Billing

4.1 Subscription Plans

We offer subscription plans in two categories:

Individual Plans (Personal Use)

Individual plans are subscribed to at the user level and provide content access for personal use:

• Free Plan: Limited monthly access (currently 3 units per month). Unlocked units remain accessible permanently.
• Year Plans: Access to content for a single year group (e.g., Year 1, Year 2, Reception, etc.)
• Key Stage Plans: Access to content for a specific key stage (EYFS, KS1, KS2, or KS3)
• All Primary Plan: Access to all primary school content (Nursery through Year 6)
• All School Plan: Access to all content across all year groups (Nursery through Year 9)

Workspace Plans (Teams and Schools)

Workspace plans are subscribed to at the organization level and support multi-user collaboration:

• Team Plans: Multi-user collaboration for PE departments and teams
• School Plans: Organization-wide access with school management system integration

Workspace plans include:

• User limits based on plan tier (e.g., 6 users or unlimited)
• Shared lesson planning and collaboration tools
• Storage quotas for resources and materials
• School plans include integration with school Management Information Systems (MIS) via Wonde

Current pricing, features, and detailed plan specifications are available at thepedept.com/pricing. Pricing may be updated from time to time in accordance with Section 4.4 below.

4.2 Pricing and Payment

• Subscription fees are charged in advance on a monthly or annual basis
• Prices are in GBP (£) unless otherwise stated
• Payment is processed through our third-party provider (Stripe)
• All fees are non-refundable except as required by law

4.3 Auto-Renewal

• Subscriptions automatically renew at the end of each billing period
• You will be charged the then-current rate unless you cancel
• You can cancel auto-renewal at any time in Settings
• Cancellation takes effect at the end of the current billing period

4.4 Price Changes

• We may change subscription prices with 30 days notice
• Price changes apply to renewals after the notice period
• You can cancel your subscription before the new price takes effect

4.5 Refunds

• Free trials are not eligible for refunds
• Paid subscriptions are non-refundable except as required by law
• Technical issues: Contact support for assistance
• Refund requests: Email [email protected]

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service to:

• Create and access PE lesson plans and curriculum resources
• Manage student data and assessment information
• Collaborate with colleagues on curriculum planning
• Access professional development materials

5.2 Prohibited Uses

You may NOT:

• Violate any laws, regulations, or third-party rights
• Impersonate any person or entity
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Scrape, crawl, or harvest data without permission
• Use the Service for any commercial purpose without authorization
• Share your account credentials with others
• Reverse engineer or decompile our software
• Remove or modify copyright notices or watermarks

5.3 Content Guidelines

User-generated content must NOT:

• Contain hate speech, harassment, or discrimination
• Include sexually explicit or violent material
• Infringe on intellectual property rights
• Contain personal information of students without authorization
• Include spam, advertising, or promotional content

6. Intellectual Property Rights

6.1 Our Content

The Service and its content (lesson plans, curriculum materials, platform features) are owned by The PE Dept and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Service for educational purposes
• Download and print materials for your personal classroom use
• Share lesson plans within your school organization (if authorized)

You may NOT:

• Redistribute or resell our content
• Remove copyright notices or attributions
• Use our content outside the scope of your subscription
• Create derivative works without permission

6.2 Your Content

You retain ownership of content you create on our platform (lesson plans, notes, assessments).

By using the Service, you grant us a license to:

• Store, display, and transmit your content
• Improve our services using anonymized data
• Share content with authorized users in your workspace

You represent that:

• You own or have rights to the content you upload
• Your content does not infringe on third-party rights
• You have necessary permissions for student data

6.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas:

• We may use them without obligation or compensation
• You waive any intellectual property rights in such feedback
• We are not obligated to implement any suggestions

7. Third-Party Integrations

7.1 External Services

We may integrate with third-party services (Google Workspace, Microsoft 365, school management systems).

• These integrations are subject to the third party's terms and policies
• We are not responsible for third-party service failures or data breaches
• You are responsible for maintaining accounts with third parties

7.2 Links to Other Websites

Our Service may contain links to external websites. We are not responsible for:

• Content or privacy practices of third-party sites
• Accuracy or reliability of external information
• Damages resulting from use of third-party sites

8. Data Protection and Privacy

8.1 Our Commitments

We are committed to protecting your data:

• Compliance with GDPR, FERPA, COPPA, and applicable privacy laws
• Industry-standard security measures (encryption, access controls)
• Transparency about data collection and use
• User rights to access, correct, and delete data

See our Privacy Policy for detailed information.

8.2 Student Data

For schools using our Service:

• Schools own student data - We act as a data processor on behalf of schools
• FERPA compliance - We handle educational records appropriately
• Data minimization - We collect only necessary information
• No advertising to students - Student data is not used for marketing
• Data deletion - Student data deleted upon request or contract termination

8.3 Data Processing Agreement (Schools)

Schools and organizations using workspace plans that involve student or staff data are subject to our Data Processing Agreement ("DPA"), which:

• Defines The PE Dept as a data processor and the school as the data controller
• Sets out the types of data processed and purposes of processing
• Establishes processor obligations under GDPR Article 28
• Lists approved sub-processors and their purposes
• Addresses international data transfers and security measures
• Provides for audit rights and data breach notification

By using a School Plan or importing data via school MIS integrations (such as Wonde), you agree to the terms of our Data Processing Agreement.

8.4 Data Breaches

In the event of a data breach:

• We will notify affected users within 72 hours
• We will cooperate with authorities and investigations
• We will take immediate steps to secure systems
• We will provide assistance with breach response

9. Warranties and Disclaimers

9.1 Service Availability

• We strive for 99.9% uptime but cannot guarantee uninterrupted access
• Scheduled maintenance will be announced in advance
• We are not liable for service interruptions beyond our control

9.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability, fitness for a particular purpose
• Non-infringement of intellectual property rights
• Accuracy, reliability, or completeness of content
• Error-free or uninterrupted operation

9.3 Educational Content

• Lesson plans and materials are for educational guidance only
• We do not guarantee specific learning outcomes
• Educators are responsible for adapting content to their context
• We are not liable for implementation of curriculum materials

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Exclusion of Damages

We are not liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or goodwill
• Service interruptions or data loss
• Third-party actions or content

10.2 Liability Cap

Our total liability for all claims related to the Service is limited to:

• The amount you paid in the 12 months preceding the claim, or
• £100, whichever is greater

10.3 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

11. Indemnification

You agree to indemnify and hold harmless The PE Dept, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use of the Service
• Content you upload or share
• Your breach of any representation or warranty

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Deleting your account in Settings
• Emailing [email protected]
• Discontinuing use of the Service

12.2 Termination by Us

We may suspend or terminate your access:

• Immediately for violations of these Terms
• With 30 days notice for convenience
• Immediately for legal or regulatory reasons
• Immediately for non-payment

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You must cease using our content and materials
• We may delete your data after 30 days (with backup retention)
• You remain liable for any outstanding fees
• Provisions that should survive (warranties, indemnification) remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to seek informal resolution.

13.3 Arbitration (Optional)

For claims under £10,000, parties may agree to binding arbitration.

13.4 Jurisdiction

For claims not resolved informally or through arbitration:

• UK Users: Courts of England and Wales have exclusive jurisdiction
• EU Users: Courts of your member state (for consumer claims)
• Other Users: Courts of England and Wales

13.5 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or representative proceeding.

14. Changes to These Terms

14.1 Notification

We may update these Terms from time to time. We will notify you by:

• Email to your registered address
• In-app notification when you next log in
• Prominent notice on our website (for material changes)

14.2 Acceptance

• Changes take effect 30 days after notification (for material changes)
• Continued use constitutes acceptance of new Terms
• You may terminate your account if you disagree with changes

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and The PE Dept.

15.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer these Terms. We may assign our rights to any affiliate or successor.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, war, etc.).

15.6 Export Control

You agree to comply with all export and import laws regarding use of the Service.

16. Contact Information

The PE Dept

• Support: [email protected]
• Billing: [email protected]
• Legal: [email protected]
• Privacy: [email protected]

Mailing Address: 8 Lewis Road, Swanscombe, Kent, DA10 0JH

Company Registration: Actilynk Ltd (Company No. 12475434), trading as The PE Dept

17. Definitions

• Service: The PE Dept platform, website, and all related services
• User: Any person or entity accessing or using the Service
• Content: Lesson plans, curriculum materials, and user-generated content
• Personal Data: Information relating to an identified or identifiable individual
• We/Us/Our: The PE Dept and its affiliates

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These Terms of Service were last updated on January 15, 2025.

By using The PE Dept, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you have any questions about these Terms, please contact us at [email protected].